[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1515 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                S. 1515

       To provide for enhanced security with respect to aircraft.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 9, 2001

   Mr. Kohl introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
       To provide for enhanced security with respect to aircraft.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. ENHANCED SECURITY FOR AIRCRAFT.

    (a) Security for Larger Aircraft.--
            (1) Program required.--Not later than 90 days after the 
        date of the enactment of this Act, the Administrator of the 
        Federal Aviation Administration shall commence implementation 
        of a program to provide security screening for all aircraft 
        operations conducted with respect to any aircraft having a 
        maximum certified takeoff weight of more than 12,500 pounds 
        that is not operating as of the date of the implementation of 
        the program under security procedures prescribed by the 
        Administrator.
            (2) Waiver.--
                    (A) Authority to waive.--The Administrator may 
                waive the applicability of the program under paragraph 
                (1) with respect to any aircraft or class of aircraft 
                otherwise described by that paragraph if the 
                Administrator determines that aircraft described in 
                that paragraph can be operated safely without the 
                applicability of the program to such aircraft or class 
                of aircraft, as the case may be.
                    (B) Limitations.--A waiver under subparagraph (A) 
                may not go into effect--
                            (i) unless approved by the Secretary of 
                        Transportation; and
                            (ii) until 10 days after the date on which 
                        notice of the waiver has been submitted to the 
                        appropriate committees of Congress.
            (3) Program elements.--The program under paragraph (1) 
        shall require the following:
                    (A) The search of any aircraft covered by the 
                program before takeoff.
                    (B) The screening of all crew members, passengers, 
                and other persons boarding any aircraft covered by the 
                program, and their property to be brought on board such 
                aircraft, before boarding.
            (4) Procedures for searches and screening.--The 
        Administrator shall develop procedures for searches and 
        screenings under the program under paragraph (1). Such 
        procedures may not be implemented until approved by the 
        Secretary.
    (b) Security for Smaller Aircraft.--
            (1) Program required.--Not later than one year after the 
        date of the enactment of this Act, the Administrator shall 
        commence implementation of a program to provide security for 
        all aircraft operations conducted with respect to any aircraft 
        having a maximum certified takeoff weight of 12,500 pounds or 
        less that is not operating as of the date of the implementation 
        of the program under security procedures prescribed by the 
        Administrator. The program shall address security with respect 
        to crew members, passengers, baggage handlers, maintenance 
        workers, and other individuals with access to aircraft covered 
        by the program, and to baggage.
            (2) Report on program.--Not later than 180 days after the 
        date of the enactment of this Act, the Secretary shall submit 
        to the appropriate committees of Congress a report containing a 
        proposal for the program to be implemented under paragraph (1).
    (c) Background Checks for Aliens Engaged in Certain Transactions 
Regarding Aircraft.--
            (1) Requirement.--Notwithstanding any other provision of 
        law and subject to paragraph (3), no person or entity may sell, 
        lease, or charter any aircraft to an alien, or any other 
        individual specified by the Secretary for purposes of this 
        subsection, within the United States unless the Attorney 
        General issues a certification of the completion of a 
        background investigation of the alien, or other individual, as 
        the case may be, that meets the requirements of paragraph (2).
            (2) Background investigation.--A background investigation 
        or an alien or individual under this subsection shall consist 
        of the following:
                    (A) A determination whether or not there is a 
                record of a criminal history for the alien or 
                individual, as the case may be, and, if so, a review of 
                the record.
                    (B) In the case of an alien, a determination of the 
                status of the alien under the immigration laws of the 
                United States.
                    (C) A determination whether the alien or 
                individual, as the case may be, presents a risk to the 
                national security of the United States.
            (3) Expiration.--The prohibition in paragraph (1) shall 
        expire as follows:
                    (A) In the case of an aircraft having a maximum 
                certified takeoff weight of more than 12,500 pounds, 
                upon implementation of the program required by 
                subsection (a).
                    (B) In the case of an aircraft having a maximum 
                certified takeoff weight of 12,500 pounds or less, upon 
                implementation of the program required by subsection 
                (b).
            (4) Alien defined.--In this subsection, the term ``alien'' 
        has the meaning given that term in section 101(a)(3) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(3)).
    (d) Appropriate Committees of Congress Defined.--In this section, 
the term ``appropriate committees of Congress'' means--
            (1) the Committee on Commerce, Science, and Transportation 
        of the Senate; and
            (2) the Committee on Commerce of the House of 
        Representatives.
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